Bloomberg: Judge 'in error' in tossing NYC's planned soda ban

March 11, 2013|Reuters

New York City Mayor Michael Bloomberg said on Monday that a state judge was "totally in error" when he overturned a planned ban on large sugary drinks one day before it was scheduled to take effect and predicted the city would win the case on appeal.

"We think the judge is totally in error in the way he interpreted the law and we are very confident that we will win on appeal," Bloomberg told reporters hours after the ruling.

The city vowed to appeal the judge's decision.

“We plan to appeal the decision as soon as possible, and we are confident the Board of Health's decision will ultimately be upheld,” Michael Cardozo, lawyer with the city's Corporation Counsel, said in a statement.

A judge invalidated New York City's plan to ban large sugary drinks from restaurants, movie theaters and other establishments one day before it was to take effect.

State Supreme Court Justice Milton Tingling in Manhattan ruled the new regulation was "arbitrary and capricious" and declared it invalid one day before it was to take effect. He was ruling on a suit challenging the ban by the American Beverage Association and other business groups.

The decision was a blow to Bloomberg, who had touted the ban as a way to address what he has termed an obesity "epidemic."

The ban had prohibited the city's food-service businesses from selling sugary drinks larger than 16 ounces, though city officials had said they would not begin imposing $200 fines on offending businesses until June.

Bloomberg has made improving the health of New Yorkers part of his legacy. The soda ban had followed similar crackdowns on fat, sugar and salt and a smoking ban that has been replicated around the world.

In anticipation of the soda ban, Bloomberg on Monday released new data tying sugary drinks to the city's fattest neighborhoods. The new city study that showed nine of the neighborhoods with the 10 highest obesity rates were also the highest in sugary drink consumption. At the other end, the three least obese neighborhoods were also the lowest in sugary drink consumption.

Companies like Coca-Cola, PepsiCo and McDonald's Corp had argued that the ban was inconsistent in its application, since it would still permit grocery and convenience stores to sell the drinks in any size.